Another Defense Verdict for Railroad Team, 5th in 5 Months

May 29, 2018 | News

T.H. Lyda and Edwin Palmer received another defense verdict on behalf of a Fortune 100 railroad client after a two-week long jury trial in Erie County, Ohio. Plaintiff was a 51-year old machinist claiming that exposure to noise from retarders in a large classification yard led to his development of hearing loss and unbearable tinnitus, or ringing in his ears. The defense team asserted that:

  • the railroad provided plaintiff with a reasonably safe place to work
  • noise level monitoring at the yard complied with all federal health and safety requirements
  • the plaintiff was included in defendant’s hearing conservation program and provided adequate hearing protection, and
  • the plaintiff’s hearing problems and tinnitus were the result of unprotected exposure to gunfire

The jury agreed and returned a verdict in favor of the railroad, finding that it was not negligent.

This result is the latest in a series of five straight defense verdicts obtained by the Burns White railroad team since the first of the year.